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2016 Supreme(Del) 991

R.K.GAUBA
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
ANIL YADAV – Respondent


Advocates Appeared:
Ms. Sakshi Mittal, Adv.
Mr. Ashish Virmani, Adv. For R-1

JUDGMENT :

R.K.GAUBA, J.

1. On the petition under Section 166 of Motor Vehicles Act, 1988 (MV Act), registered as suit No.726/03 (2003), the first respondent herein was awarded compensation in the sum of Rs.1651205/- with interest at 6% per annum from the date of filing of the petition (21.07.1998) till actual payment, by judgment dated 29.07.2005, as corrected by a subsequent order of the same date, of the Motor Accident Claims Tribunal (the Tribunal). For awarding the said amount of compensation, the Tribunal, on the basis of inquiry held, concluded that the first respondent (the claimant) had suffered the said injuries, and consequent disability to the extent of 50%, due to amputation of his right arm, on account of an accident that had occurred at about 8.15 PM in the area of Behror District Alwar, Rajasthan involving car bearing No. RJ 14 2C 3232 (the offending vehicle) owned by the second respondent herein and driven by the third respondent herein, it admittedly being insured against third party risk covering the relevant period with the appellant insurance company (the insurer). On the basis of the conclusion that the accident had occurred due to negligent driving of the offen




















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